Criminal law in Thailand Part IX - More about your rights when you are arrested

This time we're going to expand on our discussion of your rights after you've been arrested. Let's say when you're arrested, it's by a plain clothes officer. That officer always has to identify themselves to you. Thus, if you are arrested by someone who presents him or herself as a plain clothes officer, and you have any doubt as to whether the arrest is official, you can ask to see the officer's badge and ID card. Though the Supreme Court of Thailand has not ruled that under all circumstances the officer must show these, it has ruled that an arresting officer must show by reasonable means that he or she is an officer. The obvious way would be to show a badge.


You should give the information about the officer to anyone at the scene with you who is not being arrested, for future reference. If the person purporting to arrest you can't produce a badge and ID, get someone to call the police to identify the person. Also, unless it's one of the situations where a warrant is not needed, as discussed in earlier columns, the officer can only arrest pursuant to a court order or arrest warrant. Remember, improper arrest can subject the officer to criminal penalties.

There have been instances in the past where people purporting to be police officers have kidnapped unsuspecting individuals, and getting anyone who claims to be a police officer to identify themselves is a way to protect oneself against this. Impersonating a police officer is a crime and can subject the impersonator to up to one year in jail.

When you're arrested, the police have to take you to an ``inquiry office'', usually the local police station. This must be a government office and can't be a non-governmental place, such as a hotel or a home. Officially, it's where the prisoner is turned over to an ``inquiry official'', such as a superior police officer. Apart from minor delays, such as calling the station or obtaining evidence or statements from others at the scene where you were arrested, you have to be taken to the inquiry office immediately.

We talked last week about what must happen at the police station or other facility. We have had several emails from readers requesting confirmation or further discussion of a person's rights at a police station if you are brought there under arrest.

At the police station you must be told the reason for your arrest, even if this was done when you were arrested. If there is an arrest warrant, this must be read to you. If you don't speak Thai, an interpreter must be provided to you, at state expense.

Immediately after any charges are read to you at the police station, the police must help you call a lawyer, relatives or friends. This help must include use of police phones without charge, particularly if your mobile phone has been confiscated pursuant to the lawful search of an arrested person's possessions allowed by law. Although the law is not explicit, calls at police expense to lawyers, relatives and friends should even include international calls.

The police must allow you to meet in private with a lawyer, friends or relatives. These individuals must be allowed to attend any hearing in connection with your arrest.

Also, if you are arrested, the police must assist you with any medical problems. For example, if you were injured in the arrest, you are entitled to immediate medical attention. If you can't be treated at the inquiry office, you have to be taken to a place such as an emergency room, where you can. The police may, of course, accompany you to the hospital to make sure you don't flee, and take you back to the inquiry office when you are medically stable. In fact, if you are seriously injured or sick, the arresting officer must see to your medical treatment before you are taken to the police station.